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United States v. Arnette

United States District Court, E.D. California

July 14, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
DAVID LEE ARNETTE, Defendant.

          HEATHER E. WILLIAMS, #122664 Federal Defender RACHELLE BARBOUR, #185395 Attorney Designated Counsel for Service Attorney for Defendant DAVID LEE ARNETTE

          [PROPOSED] ORDER GRANTING CONDITIONAL RELEASE

         The Court has received and reviewed a Request for Conditional Release from the Warden at the U.S. Medical Center for Federal Prisoners in Springfield, Missouri. The request indicates that Mr. Arnette was examined by a Risk Assessment Review Panel at the Bureau of Prisons Facility. That Review Panel has concluded that Mr. Arnette has recovered from his mental disease or defect to such extent that his conditional release, under a prescribed regimen of medical, psychiatric, or psychological care and treatment will no longer crease a substantial risk of bodily injury to another person or serious damage to property of another. The Warden proposes a course of treatment detailed in the proposed conditions of release contained in the Warden's letter of June 28 2017. The Court and counsel for both parties agree with the assessment and recommendations contained in the Warden's letter and wish to implement the recommendation in this Order for Conditional Release.

         Therefore, the Court hereby ORDERS under 18 U.S.C. § 4243(f)(2) that DAVID LEE ARNETTE be CONDITIONALLY DISCHARGED AND RELEASED from the Bureau of Prisons subject to the attached conditions of release. Mr. Arnette has previously gone over these conditions with BOP staff and by his signature below agrees to comply with them.

         The Court ORDERS Mr. Arnette to comply with the prescribed regimen of medical, psychiatric, and psychological care or treatment contained in the attached conditions of release.

         I, David Arnette, have read the above ORDER, including the attached Conditions of Release. I acknowledge receiving the written conditions of release and agree to abide by those conditions of release. /

         CONDITIONS OF RELEASE

         1. Mr. Arnette will be supervised by the United States Probation Office in the Eastern District of California.

         2. Mr. Arnette will reside at Pete's Place. ____H. Sacramento, CA 95818, (916) ____ Any change in residence must be pre-approved by U.S. Probation. Mr. Arnette shall abide by curfew hours (9:00 pm to 6:00 am) unless pre-approved by the supervising Probation Officer.

         3. Mr. Arnette will actively participate in, and cooperate with, a regimen of mental health care and psychiatric aftercare as directed by the treating mental health provider. This is to include his voluntary admission to an inpatient program for stabilization should it be deemed necessary.

         4. Mr. Arnette will continue to take medication, including injectable units, as shall be prescribed for him by the medical provider.

         5. Mr. Arnette will waive his rights to confidentiality regarding his mental health treatment in order to allow sharing of information with the supervising U.S. Probation Officer and other mental health treatment providers, who will assist in evaluating his ongoing appropriateness for community placement.

         6. Mr. Arnette will refrain from the use of alcohol and illegal drugs, as well as the abuse of over-the-counter medications, and submit to random urinalysis testing as warranted by treating mental health staff and/or the probation officer. This also includes participating in substance abuse treatment as deemed necessary by the treatment provider. Mr. Arnette will submit to laboratory testing, breathalyzer and other tests necessary to determine medication compliance or use of illegal substances.

         7. Mr. Arnette will not have in his possession at any time actual or imitation firearms or other deadly weapons and he may not write, say or communicate threats. He will not attempt to purchase any weapons or firearm. He shall submit to a warrantless search on request of his U.S. Probation Officer or any law enforcement officer of his person or property for the purpose of determining compliance with this provision and shall permit confiscation of any such contraband.

         8. Mr. Arnette will not commit a federal, state, or local crime, and he shall immediately notify his U.S. Probation Officer if he is arrested or questioned by any law 1 enforcement officer. Mr. Arnette shall not associate with any person engaged in criminal i activity. He shall not associate with any person ...


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